OAR 690-380-6010
Failure to Complete a Transfer as Grounds for Cancellation

(1)

Upon approval of a change in use or place of use, the water use subject to transfer is considered inchoate (incomplete) until the authorized change has been completed to the satisfaction of the director.

(2)

Any part of a transferred water use that is not applied to beneficial use under the terms of the transfer order for change in use or place of use, or within any extension of time allowed for completion, is lost.

(3)

Non-completion of a change in point of diversion or appropriation does not forfeit the water use subject to transfer. However, upon expiration of the time allowed for completion, the water use shall again become subject to forfeiture pursuant to the provisions of ORS 540.610 (Use as measure of water right).

(4)

For a change in point of diversion or appropriation, the claim of beneficial use shall identify the lands served by the new point of diversion or appropriation using:

(a)

The existing final proof survey map for the right of record; or

(b)

Another map prepared in accordance with OAR chapter 690, division 14.

(5)

A new application is required to change the point of diversion or appropriation to a new location not authorized by the order.

(6)

If the change in point of diversion or appropriation is not completed, the point of diversion or appropriation shall revert to the last authorized point of diversion or appropriation prior to the transfer.

Source: Rule 690-380-6010 — Failure to Complete a Transfer as Grounds for Cancellation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-380-6010.

690‑380‑0010
Purpose 690‑380‑0090
Applicability 690‑380‑0100
Definitions 690‑380‑2000
Types of Permanent Transfers 690‑380‑2110
Change in Point of Diversion or Point of Appropriation 690‑380‑2120
Change in Point of Diversion to Reflect Historical Use 690‑380‑2130
Change from a Surface Water Point of Diversion to a Ground Water Appropriation 690‑380‑2200
Changes in Place of Use 690‑380‑2240
Layered Water Rights and Certificates of Registration 690‑380‑2250
Transfer of Supplemental Water Right or Permit 690‑380‑2260
Exchanges of Water 690‑380‑2300
Changes in Character of Use 690‑380‑2320
Transfer from Supplemental Use to Primary Use 690‑380‑2330
Substitution of Supplemental Ground Water Right for Primary Surface Water Right 690‑380‑2340
Specific-to-General Industrial Water Use Change 690‑380‑2410
Municipal Water Rights 690‑380‑2420
Notice of Merger, Consolidation or Formation of a Water Authority 690‑380‑2430
Acquisition of Water Rights by a Water Authority 690‑380‑3000
Application for Transfer 690‑380‑3050
Additional Application Requirements 690‑380‑3100
Map Requirements 690‑380‑3200
District May Submit Application for Water Users 690‑380‑3220
Separate Application Required for Each Water Right 690‑380‑3400
Waiver of Fees 690‑380‑3410
Waiver of Mapping Requirements 690‑380‑4000
Request for Comments 690‑380‑4010
Preliminary Determination 690‑380‑4020
Notice of Preliminary Determination 690‑380‑4030
Protests and Requests for Hearings 690‑380‑4200
Hearings 690‑380‑5000
Approval of Transfers 690‑380‑5030
Approval of Injurious Transfers 690‑380‑5040
Affidavits of Consent 690‑380‑5050
Consent to Injury of Instream Water Rights 690‑380‑5060
Fish Screening and By-Pass Devices 690‑380‑5100
Compatibility with Acknowledged Comprehensive Plans 690‑380‑5110
Original Right Terminated 690‑380‑5120
Multiple Primary Water Rights on the Same Lands 690‑380‑5130
Assignment or Change of Ownership 690‑380‑5140
Time for Completion 690‑380‑6010
Failure to Complete a Transfer as Grounds for Cancellation 690‑380‑6020
Extension of Time 690‑380‑6030
Proof Of Use 690‑380‑6040
Proof of Completion of Change 690‑380‑6050
Waiver of Proof of Completion 690‑380‑6060
Petition for Reconsideration 690‑380‑8000
Temporary Transfers 690‑380‑8002
Temporary Transfer Applications under OAR 690-380-8000(1) 690‑380‑8004
Temporary Transfer Applications under OAR 690-380-8000(2) 690‑380‑8010
Seasonal Use 690‑380‑8020
Supplemental Water Rights 690‑380‑9000
Clarification of Water Rights
Last Updated

Jun. 8, 2021

Rule 690-380-6010’s source at or​.us